Scialabba v. Cuellar De Osorio (573 U.S. 41)
U.S. Supreme Court · decided June 9, 2014 · Supreme Court Database (Spaeth)
- Citation
- 573 U.S. 41 · 134 S. Ct. 2191
- Decided
- June 9, 2014
- Term
- October Term 2013
- Vote
- 5–4
- Majority author
- Justice Kagan
- Issue area
- Civil Rights
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
F1: the unmarried, adult (21 or over) sons and daughters of U.S. citizens; F2A: the spouses and unmarried, minor (under 21) children of LPRs; F2B: the unmarried, adult (21 or over) sons and daughters of LPRs; F3: the married sons and daughters of U.S. citizens; F4: the brothers and sisters of U.S. citizens. §§ 1151(a)(1), 1153(a)(1)-(4).3 (A word to the wise: Dog-ear this page for easy reference, because these categories crop up regularly throughout this opinion.) The road to obtaining any family-based immigrant visa begins when a sponsoring U.S. citizen or LPR files a petition on behalf of a foreign relative, termed the principal beneficiary. See §§ 1154(a)(1)(A)(i), (a)(1)(B)(i)(I), (b); 8 CFR § 204.1(a)(1) (2014). The sponsor (otherwise known as the petitioner-we use the words interchangeably) must provide U.S. Citizenship and Immigration Services (USCIS) with evidence showing, among other things, that she has the necessary familial relationship with the beneficiary, see §§ 204.2(a)(2), (d)(2), (g)(2), and that she has not committed any conduct disqualifying her from sponsoring an alien for a visa, see, e.g.,8 U.S.C. § 1154(a)(1)(B)(i)(II) (barring an LPR from submitting a petition if she has committed certain offenses against minors). USCIS thereafter reviews the petition, and approves it if found to meet all requirements. See § 1154(b). For a family preference…
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